Is Court Auction final?
Querist :
Anonymous
(Querist) 20 July 2011
This query is : Resolved
Hi,
Is the court auction final?
In our case , court also issued sale certificate and possession.
If court auction can be reviewed then it is like buying a disputed property. How can anybody participate in court auction, if this can be reviewed potetially? How can the recovery cases be solved by the courts?
Thanks in advance
R.Ramachandran
(Expert) 20 July 2011
If a Court had passed an order, that is final unless challenged.
Whatever has to be done is to be done prior to that stage.
If anybody is seeking review of the Court auction, then as the purchaser, you have to defend your position.
prabhakar singh
(Expert) 20 July 2011
YOU SAY SALE CERTIFICATE ISSUED AND POSSESSION HANDED OVER THEN WHAT IS LEFT??
Querist :
Anonymous
(Querist) 21 July 2011
Mr. Ramachandran, you mean to say that the court auction can be challenged and the purchaser needs to defend his title? If this is the case, participating in court auction is as risky as buying disputed property. The owner of the property can always bring in some one saying he already got the title before the auction. This will go on for decades.
Deos the court disclose the potential risks involved before conducting auction?
R.Ramachandran
(Expert) 21 July 2011
Dear Anonymous,
You have completely misunderstood my answer.
All that I said was that If am a party to the court case and if the Court has passed some orders (in this case court auction), and If I am aggrieved by that order, then I have to challenge the same before the order attains finality (prior stage) and not thereafter.
Further in extreme situations, if the aggrieved party asks for review of the court order, the court will either review its order or will dismiss the petition seeking such a review.
I never said that some third party can come and object after the entire Court auction is over.
NOR DID YOU REVEAL IN YOUR ORIGINAL POST THAT IT WAS SOME THIRD PARTY INTERVENTION TAKING PLACE, after court auction.
Querist :
Anonymous
(Querist) 21 July 2011
Mr R.R.
Thanks for your reply!!
In our case sale certficate was issued by the court. That means it is final, correct if I am wrong. Court also issed orders to the Baliff for handing over the property.
Then the Government of India entered saying the land belongs to it, not to the debt party. Lower court upheld its auction. But the High court and supreme court declared the auction invalid, saying the property belogs to Government.
R.Ramachandran
(Expert) 21 July 2011
Dear Anonymous,
Do you think we are fools sitting here and trying to answer your query.
With each post you are coming up with new facts.
Yes, you have no other go, than to fight you case or at best get back the amount deposited with the Court.
Querist :
Anonymous
(Querist) 21 July 2011
Mr RR , you don't have to if you don't want to. You don't have to spend that much time to answer each and every query unless you are maintaining this club or any special contract with the web site. Let the other people with similar exposure share their valuable experiences.
Thanks
